ACLU: TWERKING PUNISHMENT TRIVIALIZES HARASSMENT POLICY

Group criticizes suspensions, charges for 31 involved in video

SCRIPPS RANCH 
The ACLU has urged Scripps Ranch High School to reconsider the suspensions and sexual harassment charges handed down to 31 students for their role in the now-infamous twerking dance video posted on YouTube last month.

The American Civil Liberties Union of San Diego and Imperial Counties sent a letter Thursday to Principal Ann Menna criticizing the school for how it handled the matter.

The mass suspensions based on alleged violations of sexual harassment policies were “apparently unjustified and excessive” and the punishment “twists and trivializes the purpose of sexual harassment policies to use them to punish students they were designed to protect,” Legal Director David Loy wrote.

The letter was also sent to the San Diego Unified School District’s school board, superintendent and general counsel.

Lawrence Schoenke, general counsel for the district, declined to discuss the ACLU letter. Menna was not immediately available for comment.

Loy said the ACLU is not representing anyone involved in the incident but is concerned about what it considers to be unjust punishment. He said the actions of the students do not appear to meet the definition of sexual harassment in the Education Code.

Loy declined to say whether the organization would take further action.

The ACLU already was on the record criticizing the punishment shortly after news of the incident surfaced.

Twenty-eight girls participated in the video that was shot on campus with district equipment. Many of them were featured from behind showing off their twerking moves, popping their hips and buttocks in and out while crouching or doing handstands. The video was organized, executed and edited by three boys who set it to rap music that featured R-rated lyrics before it was posted on YouTube.

After a school administrator discovered the video, all 31 students were suspended on the grounds that they violated the district’s sexual harassment policies.

Some of the girls reportedly thought the video was a class project and were unaware it would be posted on YouTube. Their parents told the school board Tuesday they had participated in previous video projects that were featured on the campus TV station.

Furthermore, many of the girls reportedly had no idea twerking on campus would cause problems since the dance is common. One parent submitted a DVD to the school board that included footage of several events held at Scripps Ranch High that features students twerking — including a pep rally and a powder puff football game.

The school board met in closed session to discuss the matter Tuesday. Before they went into private session, a group of parents, residents and lawyers complained about the twerking discipline. Some voiced concern about the impact a sexual harassment charge would have on the students’ futures.

Board President John Lee Evans said the students will all get due process in the appeals process that allows each of them to give their side of the story and challenge their discipline. The matter is entirely in the hands of the school, said Evans, who emphasized that the board has no authority to overturn suspensions.